In the case, the applicant stated that when he was apprehended he was carrying a note written in French indicating his wish to apply for asylum. His statement was corroborated by a handwritten testimony from an external person. The decision of refusal of entry made no mention of these facts and the authorities were unable to rebut the applicant’s statement. Therefore, the Court found in favor of the applicant, stating that the decision of refusal of entry was manifestly infringed the fundamental freedom of the right to asylum. The Court ordered the authorities to suspend the decision and allow S.O. to enter France.
Court Administrative Tribunal of Nice
Found for Applicant